Court Refuses To Order FIR Against Nawab Malik For Violating Covid Norms On BJP Leader's Complaint

Metropolitan Magistrate PI Mokashi rejected the prayer for an FIR under section 156(3) of the CrPC by Mohit Bharatiya – a former General Secretary of Bharatiya Janta Party in Mumbai.

However, the matter is now converted into a private complaint. Accordingly, the magistrate has placed the matter for recording of Bharatiya's verification statement under section 200 of the CrPC, on December 30.

"Considering nature of offenses alleged against the accused there are no grounds as such to direct the police for investigation under section 156(3) of the CrPC," the order read.

This is the fourth criminal complaint Bharatiya had filed against Malik.

Charges under which he sought registration of FIR are Indian Penal Code sections 188 (disobedience to order duly promulgated by public servant), 269 (negligent act likely to spread infection of disease danger­ous to life), 270 (malignant act likely to spread infection of disease danger­ous to life), 34 (common intention); section 3 (penalty for any person disobeying any regulation or order made under the Act) and section 51 (punishment for obstructing any government officer in the discharge of his functions or refusing to comply with directions given) of the Disaster Management Act.

According to the complaint filed through advocate Faiz Merchant, Malik's "agents and party workers effected social media posts" on Twitter and WhatsApp forwards inviting the public en masse to Sewree Magistrate Court on November 29, 2021 at 10am. This, the complaint alleges, was in response to the cognisance taken by Sewree Court of another defamation related complaint filed by Bharatiya under sections 499 and 500 of the Indian Penal Code.

"It is pertinent to note that the hashtags are #nawabmalik #nawabmalikmyhero and tagging official Twitter handle of Mr Nawab Malik @nawabmalikncp @officeofNM @advnileshbhosale @MumbaiNCP @NCPspeaks," the complaint says.

It later added, "The very fact that Mr Nawab Malik and the NCP officers have been tagged in these posts confirms and reaffirms the fact that the said accused persons are along with various other accused persons are acting at the behest of the prime accused Mr Nawab Malik," marking excerpts of all the alleged posts as a part of the complaint.

The complaint also said that Bharatiya that RAK Marg police station, which he had approached with this complaint and failed to act on it said that the invites generated by Malik vide his party workers and agents can by no stretch of imagination be termed as Covid appropriate behaviour as set forth by the Maharashtra government on November 27. He then wrote to the Mumbai Police Commissioner as well, but to no avail, the complaint alleges.

"By inviting public at large vide Twitter social media as well as WhatsApp forwards, Mr Malik and his agents and party workers have put the lives of judicial officers, lawyers, litigants, police officers, court staff, and even their invitees at risk knowing fully well that Omicron variant looms over the fate and destiny of people at large," the complaint read.

Bharatiya has also filed two private criminal complaints against Malik for defamation. The court has issued process against Malik in both the complaints.

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